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HomeMy WebLinkAbout1981- 6 Amending Section 9.32.010 of the Vail Municipal Code Making it Unlawful to Possess Open Containers Containing any Malt, VInous, or Spiritous Liquors in or Upon Any Street, Ally, Highway, Public Way, or Public Building Within the Town ORDINANCE N0. 6 (Series of 1981) AN ORDINANCE AMENDING SECTION 9.32.010 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL MAKING IT UNLAWFUL TO POSSESS OPEN CONTAINERS CONTAIPIING ANY MALT, VINOUS, OR SPIRITOUS LIQUORS IN OR UPON ANY STREET, ALLEY, HIGHWAY, PUBLIC WAY OR PUBLIC BUILDING WITHIN THE TOWN; AND SETTING FORTH DETAILS IN REGARD THERETO. WI3EREAS, problems for the inhabitants of the Town, and the Town police have been created by people carrying open containers of alcoholic beverages on the streets and public ways of the Town, and, WHEREAS, the Town Council has determined that it is necessary for the protection of the health and safety of the inhabitants of the Town to prohibit the possession of open containers of alcoholic beverages on the streets and public ways of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 - Section 9.32.010 prohibited of the Municipal Code of the Town of Vail is hereby repealed and reenacted as follows: 9.32.010 Prohibited. It is unlawful for any person to drink any malt, vinuous, or spiritous liquors upon any street, alley, sidewalk, public building or public parking lot in the Town or in any vehicle upon the streets, alleys, sidewalks or public parking lots in the Town except by written authorization of the Town Council. It is unlawful for any person to possess or have in his possession or under his control in or upon any street, alley, sidewalk, public building or public parking lot in the Town, any malt, vinuous, or spiritous liquors in any container of any kind or description which is not sealed or upon which the seal is broken. The word sealed means the regular seal applied by the United States Government over the cap of all malt, vinous or spiritous liquors. . SECTION II - If any part, section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance and each part, section, sub-section, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, sub- sections, sentences, clauses or phrases be declared invalid. SECTION III - The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants, thereof. SECTION IV - The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding has commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL THIS li ~ DAY OF JANUARY, 1981, and A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, ON THE q~Q Z',Q DAY OF JANUARY, 1981. f~ ~ ~ lvfay or ` ~ Attest: ~ mod---- Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS o~~ ~ DAY OF JANUARY, 1981. Y~ l i ATTEST: ~ ~ GL(~? TOWN CLERK ~ r t -3- r ~1